A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On July 3, 2007, the Defendant issued a summary order of KRW 4 million for a crime of violation of road traffic law at the Jeonju District Court's military support on July 3, 2007, as well as a fine of KRW 4 million for a crime of violation of road traffic law at the Jeonju District Court's Jeonju District Court's previous order of summary order of KRW 4 million for a crime of violation of road traffic law.

[Criminal facts] On July 9, 2018, the Defendant driven a C low-priced car at about 800 meters alcohol level from the front day of the mutual influent restaurant in the Dong-gu Seoul Special Metropolitan City on July 21:46, 2018 to the front day of the number of 185 in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures was found to have been subject to three times or punishment due to drinking, and the Defendant was also under the influence of drinking.

However, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances, such as the fact that the defendant is against the defendant, the fact that there is no record of crime exceeding the fine, the age, drinking volume, the circumstances and result of the crime, and the situation after the crime.